Substitute Senate Bill No. 344
Substitute Senate Bill No. 344
PUBLIC ACT NO. 96-168
AN ACT CONCERNING STATE PERSONNEL PROCEDURES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 5-196 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this chapter, unless the context
otherwise requires:
[(a)] (1) "Agency" means a department, board,
institution or commission established by statute,
not a part of any other department, board,
institution or commission.
[(b)] (2) "Allocation" means the official
assignment of a position in the classified service
to the appropriate standard class of the
classification plan.
[(c)] (3) "Appointing authority" means a
board, commission, officer, commissioner, person
or group of persons having the power to make
appointments by virtue of a statute or by lawfully
delegated authority.
(4) "CANDIDATE LIST" MEANS A LIST OF THE NAMES
OF PERSONS BASED ON MERIT AS DETERMINED UNDER THE
PROVISIONS OF THIS CHAPTER, WHICH PERSONS HAVE
BEEN FOUND QUALIFIED THROUGH SUITABLE EXAMINATIONS
FOR EMPLOYMENT IN POSITIONS ALLOCATED TO A
SPECIFIED CLASS, OCCUPATIONAL GROUP OR CAREER
PROGRESSION LEVEL.
[(d)] (5) "Class", "class of positions" or
"position classification" means a position or
group of positions in the state classified service
established under this chapter that share general
characteristics and are categorized under a single
title for administrative purposes.
[(e)] (6) "Classified service" means every
office or position in the state service, whether
full-time or part-time, for which compensation is
paid, except those offices and positions specified
in section 5-198, AS AMENDED BY SECTION 2 OF THIS
ACT, or otherwise expressly provided by statute.
[(f)] (7) "Compensation" means the salary,
wages, benefits and other forms of valuable
consideration earned by and provided to an
employee in remuneration for services rendered.
[(g)] (8) "Compensation schedule" or
"compensation plan" means a list or lists
specifying a series of compensation steps and
ranges.
[(h)] (9) "Eligible" or "eligible person"
means a person whose name is on a candidate list.
[(i)] (10) "Employee" or "state employee"
means any person holding a position in state
service subject to appointment by an appointing
authority.
[(j) "Candidate list" means a list of the
names of persons based on merit as determined
under the provisions of this chapter and by
regulations issued in accordance with this
chapter, which persons have been found qualified
through suitable examinations for employment in
positions allocated to a specified class,
occupational group and career progression level.]
[(k)] (11) "Examination" means an assessment
device or technique yielding scores OR RATINGS
designed to determine the fitness of candidates
for [a given class or classes] POSITIONS ALLOCATED
TO A SPECIFIED CLASS, OCCUPATIONAL GROUP OR CAREER
PROGRESSION LEVEL.
[(l)] (12) "Full-time employee" means an
employee holding a position normally requiring
thirty-five hours or more of service in each week.
(13) "GENERIC JOB CLASS" MEANS A JOB
CLASSIFICATION COMPRISED OF POSITIONS COVERING A
DIVERSITY OF ASSIGNMENTS WHICH ARE EITHER
OCCUPATIONALLY OR FUNCTIONALLY RELATED.
[(m)] (14) "Good standing" means the status of
an employee whose employment in the state service
has been terminated other than as a result of
disciplinary action or during a period when
disciplinary action was pending.
[(n)] (15) "Grade" or "pay grade" means a
relative level, numerically expressed, to which
one or more classes may be assigned according to
the degree of their complexity, importance and
value, and which refers to a single pay range in
the compensation schedule.
[(o)] (16) "Minimum earned rating" means the
lowest score OR RATING that entitles a candidate
to pass the examination.
[(p)] (17) "Officer" or "state officer" means
any person appointed to a state office established
by statute, including appointing authorities.
[(q)] (18) "Part-time employee" means an
employee holding a position normally requiring
less than thirty-five hours of service in each
week.
[(r)] (19) "Permanent appointment" means
appointment to a position in the classified
service following successful completion of the
required working test.
[(s)] (20) "Permanent employee" means an
employee holding a position in the classified
service under a permanent appointment or an
employee holding a position in unclassified
service who has served in such a position for a
period of more than six months, except employees
in positions funded in whole or in part by the
federal government as part of any public service
employment program, on-the-job training program or
work experience program.
[(t)] (21) "Permanent position" means any
position in the classified service which requires
or which is expected to require the services of an
incumbent without interruption for a period of
more than six months, except positions funded in
whole or in part by the federal government as part
of any public service employment program,
on-the-job training program or work experience
program.
[(u)] (22) "Position" means a group of duties
and responsibilities currently assigned or
designated by competent authority to require the
services of one employee.
[(v)] (23) "Public member" means a member of a
board or commission who does not hold any office
or position in the state service.
[(w)] (24) "Reemployment list" means a list of
names of persons arranged in the order prescribed
by the provisions of this chapter and by
regulations issued in accordance with this
chapter, which persons have occupied positions
allocated to any class in the classified service,
and are no longer in such class and are entitled
to have their names certified to appointing
authorities when vacancies in such class are to be
filled, in preference to those whose names are on
the candidate list for such class.
[(x)] (25) "State service" means occupancy of
any office or position or employment in the
service of the state, but not of local
governmental subdivisions thereof, for which
compensation is paid.
[(y)] (26) "Temporary position" means a
position in the state service which is expected to
require the services of an incumbent for a period
not in excess of six months.
[(z)] (27) "Unclassified service" means any
office or position in the state service which is
not in the classified service.
[(aa)] (28) "Working test" means a trial
working period made a part of the selective
process under the provisions of this chapter and
by regulations issued in accordance with this
chapter, during which the work and conduct of the
employee shall be noted by the appointing
authority or his authorized agent and reported
upon to determine whether such employee merits
permanent appointment.
[(bb)] (29) "Veteran", when used in this
chapter and in section 5-180, AS AMENDED BY
SECTION 23 OF THIS ACT, means any person who has
been honorably discharged from or released under
honorable conditions from active service in the
armed forces of the United States and who has
performed such service in time of war, as such
terms are defined in section 27-103, AS AMENDED,
except that the final date for service in time of
war during World War II shall be December 31,
1947.
[(cc)] (30) "Managerial employee" means any
person presently covered by the existing
managerial compensation plan [and such other
employees whose compensation is covered by the
management incentive plan and its compensation
schedule] PURSUANT TO SUBSECTION (g) OF SECTION
5-270.
[(dd)] (31) "Senior executive service" means
upper level career professional management
positions in the executive branch to which state
employees with at least five years of classified
service may be appointed through objective
assessment procedures. The provisions of
subsections (a) and (b) of section 5-236 shall not
apply to such employees.
[(ee)] (32) "Career progression level" means
the following career levels in which each class of
positions shall be categorized as determined by
the Commissioner of Administrative Services based
on general job characteristics and minimum
requirements for knowledge, skill and ability,
including, but not limited to, education,
employment history and special skills: [(1)] (A)
Entry, [(2)] (B) working, [(3)] (C) lead, [(4)]
(D) supervisor, and [(5)] (E) manager.
[(ff)] (33) "Occupational group" means broad
occupational areas in which each class of
positions shall be categorized as determined by
the Commissioner of Administrative Services.
Sec. 2. Section 5-198 of the general statutes,
as amended by section 39 of public act 95-257, is
amended by adding subsection (bb) as follows:
(NEW) (bb) Employees in the education
professions bargaining unit.
Sec. 3. Section 5-200 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The Commissioner of Administrative
Services OR HIS AUTHORIZED AGENT shall [examine
and pass upon the qualifications of applicants]
ADMINISTER CENTRALIZED AND DECENTRALIZED SELECTION
PROGRAMS THAT WILL IDENTIFY THOSE APPLICANTS MOST
QUALIFIED for appointment to or promotion in the
state classified service, and establish candidate
and reemployment lists for the various classes of
positions within occupational groups and career
progression levels. Upon a request from any
appointing authority or indication of the need for
additional employees, as evidenced by the presence
of a temporary or provisional employee or by a
request for certification of a temporary employee
in any class, the commissioner [, acting through
the Personnel Division,] OR HIS DESIGNEE shall
certify the names of persons eligible for
employment or reemployment. The commissioner
shall: (1) Install and administer service-rating
systems; (2) devise plans for, and cooperate with,
appointing authorities and other supervising
officials in the conduct of employee training
programs to the end that the quality of service
rendered by persons in the classified service may
be continually improved; (3) conduct research into
methods of selection, service ratings and other
problems of personnel administration; (4) arrange
for and, in cooperation with appointing
authorities, effect transfers; (5) cooperate with
appointing authorities in employee recruitment
programs; (6) administer annual sick and special
leaves of absence and hours of work and attendance
in accordance with the provisions of this chapter
and any regulations relating thereto; (7)
establish personnel standards, governing
promotions, classifications, reclassifications and
the creation of positions, that will provide
guidance to all agencies in matters of personnel
management and serve as a means to evaluate agency
performance in conducting personnel management;
and (8) see that all appointments, promotions,
layoffs, demotions, suspensions, removals and
retirements are made in accordance with the
applicable provisions of the general statutes and
regulations issued pursuant thereto. THE
COMMISSIONER MAY FULLY OR PARTIALLY DELEGATE THE
RESPONSIBILITIES SET FORTH IN THIS SUBSECTION TO
THE HEADS OF STATE AGENCIES OR THEIR AUTHORIZED
AGENTS, SUBJECT TO AUDIT, IN ORDER TO IMPROVE
HUMAN RESOURCE MANAGEMENT.
(b) The commissioner shall review position
classifications in accordance with subsection (c)
of section 5-206.
(c) The commissioner shall cause to be kept
for the classified service suitable records of (1)
regulations adopted under this chapter, (2)
classifications of positions, occupational groups,
career progression levels and schedules of
compensation provided for under this chapter, (3)
standards for examining qualifications and
measuring service, (4) examinations conducted and
candidate and reemployment lists established, and
(5) provisional and temporary appointments and
other official acts.
(d) The commissioner shall prescribe
procedures for reports to be submitted to him.
(e) The commissioner shall establish and
maintain a complete roster of the employees and
officers in the state service, whether under the
classified service or not, showing for each such
employee the title of the position held, his
departmental, agency or institution assignment,
rate of compensation, date of appointment and each
change in his status, including any increase and
decrease in pay, change in title, transfers or
other facts which the commissioner considers
desirable and pertinent.
(f) The commissioner shall prescribe
reasonable conditions and procedures under which
the records of the Department of Administrative
Services shall be open to public inspection during
usual business hours, except as provided in
section 5-225, AS AMENDED BY SECTION 11 OF THIS
ACT. He shall take all due precautions to prevent
the securing in advance by any unauthorized person
of any material to be used in any examination
under this chapter, unless such material is
available for all applicants. Statements of the
former employers of applicants shall be considered
confidential and shall not be open to inspection
by any person.
(g) The commissioner and his agents shall have
free access to premises and records under the
control of all officers, appointing authorities
and other state employees during usual business
hours and shall be furnished such facilities,
assistance and information as he and his agents
require in carrying out their functions. This
subsection shall not apply to the medical records
of state employees, unless the employee gives his
consent or unless the information sought is
necessary to assure adjudication of any
responsibility on the part of the state or unless
medical interpretations of preemployment and other
examinations are requested by the commissioner.
(h) (1) The commissioner shall, after
completion of all established preliminary
procedures necessary to prepare new and revised
regulations, print and provide current and
complete personnel regulations to all state
agencies and to recognized state employee
organizations. (2) New and revised regulations
prepared as the result of legislative changes or
development of new policies shall be processed in
accordance with established procedures within a
period of time not less than six months from their
effective date and distributed in the same manner.
(i) The commissioner may designate any two or
more of his staff to serve as a hearing panel with
respect to any matter before the commissioner. The
commissioner and any hearing panel shall have the
power to make investigations, inquiries and hold
hearings. Any such panel shall report and may
submit recommendations to the commissioner but
shall have no other power except as otherwise
specified in this chapter.
(j) The commissioner shall issue such
regulations as he may find necessary or
appropriate for the administration of personnel
pursuant to the provisions of this chapter.
(k) The commissioner shall, subject to the
approval of the Secretary of the Office of Policy
and Management, establish compensation schedules
or plans pertaining to all state employees except
employees of the Judicial and Legislative
Departments and employees whose compensation is
prescribed by statute. The commissioner shall
prescribe higher compensation for work performed
under less desirable conditions or at less
desirable hours.
(l) The commissioner shall establish classes
of positions, occupational groups and career
progression levels for all state employees holding
positions in the classified service.
(m) The commissioner shall maintain current
compensation schedules pertaining to all employees
specified in subsection (k) of this section and a
comprehensive plan of position classifications
pertaining to all employees specified in
subsection (l) of this section.
(n) Any interested employee, his
representative or any appointing authority may
submit to the commissioner written data, views,
arguments or request for a hearing in regard to
specified position classifications or allocation
of a class of positions to the compensation
schedule. Within two months after the commissioner
shall have received such data, views or arguments
or shall have held any requested hearing, he shall
forward to such employee, representative or
appointing authority his written decision thereon,
together with all written materials submitted to
him by the interested employee or his
representative and such other information as he
considers appropriate.
(o) The commissioner may at any time [,
subject to the approval of the Secretary of the
Office of Policy and Management,] establish,
abolish, divide or combine classes of positions
and allocation of classes of positions to the
compensation schedule. ANY SUCH ACTION HAVING A
FISCAL IMPACT MUST BE APPROVED BY THE SECRETARY OF
THE OFFICE OF POLICY AND MANAGEMENT. The
commissioner may at any time, subject to the
approval of the Secretary of the Office of Policy
and Management, amend or repeal any portion of any
compensation schedule. The commissioner need not
conduct any investigation or hearing prior to any
such action.
(p) When such authority is not otherwise
conferred by statute, the commissioner may issue
orders to provide that (1) executive or judicial
branch employees exempt from the classified
service or not included in any prevailing
bargaining unit contract, except unclassified
employees of any board of trustees of the
constituent units of higher education, be granted
rights and benefits not less than those granted to
employees in the classified service or covered
under such contracts or, (2) retirement benefits
for state employees exempt from the classified
service or not included in any prevailing
bargaining unit contract and employees of
state-aided institutions, as defined in section
5-175, be adjusted to provide retirement benefits
for such employees which are the same as those
most frequently provided under the terms of
approved bargaining unit contracts in effect at
the time of such adjustment. When such authority
is not otherwise conferred by statute, the board
of trustees of any constituent unit of the state
system of higher education may issue orders to
provide that the unclassified employees of such
board be granted rights and benefits not less than
those granted to employees of the board who are
covered under a prevailing bargaining unit
contract. Where there is a conflict between an
order granting such rights and benefits and any
provision of the general statutes, such order
shall prevail. Such orders shall be subject to the
approval of the Secretary of the Office of Policy
and Management. If the secretary approves such
order, and such order is in conflict with any
provision of the general statutes, the secretary
shall forward a copy of such order to the joint
committee of the General Assembly having
cognizance of labor matters.
(q) When requested by the appropriate
appointing authority, the commissioner shall
establish classes of positions for employees
holding positions in the unclassified service and
shall establish compensation schedules pertaining
to employees of the Judicial and Legislative
Departments, subject to the approval of the
Secretary of the Office of Policy and Management.
(r) The commissioner and any municipality or
other political subdivision of the state may enter
into an agreement whereby the Department of
Administrative Services shall provide such
personnel administration services as may be
requested by such municipality or political
subdivision. Such agreement shall provide for the
payment by such municipality or political
subdivision, to the commissioner, of expenses
incurred in the provision of such personnel
services. All payments received by the
commissioner pursuant to this section shall be
deposited in the General Fund and credited to the
appropriations of the Department of Administrative
Services in accordance with the provisions of
section 4-86.
Sec. 4. Section 5-215a of the general statutes
is repealed and the following is substituted in
lieu thereof:
When a vacancy in any permanent position in
the classified service is to be filled, the
appointing authority shall request the
Commissioner of Administrative Services to provide
a candidate list. The candidate list certified by
the commissioner shall contain the final earned
rating of each candidate. The appointing authority
shall fill the vacant position by selecting any
candidate on the candidate list. [who has received
a final earned rating that is in the two highest
statistically derived confidence intervals based
on actual examination scores when the list is
promulgated. If such candidate list contains ten
or fewer candidates, the appointing authority may
fill the vacant position from among those
candidates. If fewer than five names are available
in the highest two intervals, additional intervals
may be certified to provide a minimum of five
candidates.] In the event that fewer than five
names are available on the candidate list to fill
a position, the Commissioner of Administrative
Services may authorize a new examination based on
documented need. The appointing authority may fill
the position from either the new or original
candidate list in accordance with the provisions
of this section. [For candidate lists on which
candidates are subject to further evaluation under
the provisions of section 5-219, all passing
candidates may be certified to the appointing
authority.]
Sec. 5. Subsection (c) of section 5-216 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(c) The commissioner may consolidate, continue
or cancel candidate lists and may remove names
from such lists for good cause. THE COMMISSIONER
MAY APPLY AN EXAMINATION SCORE FROM ONE
EXAMINATION TO THE CANDIDATE LIST ESTABLISHED FOR
ANOTHER EXAMINATION, PROVIDED SUCH EXAMINATIONS
ARE THE SAME OR EQUIVALENT FORMS OF THE SAME
EXAMINATION, SUCH PROVISION IS PUBLICIZED ON
APPROPRIATE EXAMINATION NOTICES AND THE CANDIDATE
SATISFIES ALL OTHER STATUTORY REQUIREMENTS.
Sec. 6. Section 5-217 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The Commissioner of Administrative Services
shall specify, at the time any candidate list is
promulgated, the period during which such list
shall remain in force. In no case shall a
candidate list remain in force for a period of
less than six months or more than one year, unless
the period is extended by the commissioner for a
period not to exceed an additional two years,
EXCEPT FOR CANDIDATE LISTS FOR CONTINUOUS
RECRUITMENT EXAMINATIONS, WHICH MAY BE EXTENDED BY
THE COMMISSIONER FOR A PERIOD NOT TO EXCEED FIVE
YEARS.
Sec. 7. Section 5-218 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The Commissioner of Administrative
Services shall prepare lists of preliminary
requirements and subjects of examination for [the
several] positions in the classified service and
[advertise] PUBLICIZE each such examination in
such manner as the nature of the examination
requires, INCLUDING POSTING EXAMINATION NOTICES IN
STATE AGENCIES IN LOCATIONS ACCESSIBLE TO STATE
EMPLOYEES AT LEAST TWO WEEKS PRIOR TO THE
APPLICATION CLOSING DATE. All competitive
examinations shall be held at such times and
places as, in the judgment of the Commissioner of
Administrative Services most nearly meet the
convenience of applicants and needs of the
service.
(b) The Commissioner of Administrative
Services shall give public notice of such
examinations for positions in the classified
service at least two weeks in advance by posting,
or causing to be posted, an appropriate notice on
the bulletin board maintained in or near the
quarters of the Department of Administrative
Services, by advertising such examination once in
at least one newspaper published in each
congressional district in the state and by
submitting the notice to the director of the state
employment service. Such notice shall set forth
the time, place and general scope of the
examination and shall contain appropriate
information concerning the duties, work location,
conditions, salary and requirements of the
positions, and the examination procedures,
including one arrangement of the weights to be
given for the weighted parts of the examination if
applicable, provided once such notice has been
given, the weights established in the notice for
the weighted parts of the examination shall not be
altered in any manner.
Sec. 8. Section 5-219 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Examinations shall be in such form and of such
character and shall relate to such matters as will
fairly test and determine the qualifications,
fitness and ability of the persons tested to
perform the duties of the class or position to
which they seek appointment. Examinations shall be
formulated in cooperation with agencies appointing
specific classes of employees and shall be
competitive, free and, except as otherwise
expressly provided by statute, open to all persons
who may be lawfully appointed to any position in
the class for which examinations are held, with
such limitations as to age, residence, health,
habits, character, sex and qualifications as are
considered desirable by the Commissioner of
Administrative Services and as are specified in
the public announcement of the examination,
provided no such limitation shall be made as to
age or sex except in the case of a bona fide
occupational qualification or need. [In
determining the qualifications of persons who will
be admitted to an examination, consideration shall
be given to any previous volunteer experience
which such persons may have.] Formal education
requirements may be considered as a condition for
the taking of such examinations. Possession of a
professional license or degree, or satisfactory
completion of an accreditation, certificate or
licensure program may serve as the sole basis for
appointment, provided such credentials are a
mandatory requirement for employment in a [class]
POSITION. Examinations may take the form of
written or oral tests, demonstration of skill or
physical ability, experience and training
evaluation, or in the case of promotional
examinations, evaluation of prior performance, or
any other [examination devices] ASSESSMENT DEVICE
OR TECHNIQUE deemed appropriate to measure the
knowledge, [skill or ability] SKILLS OR ABILITIES
required to SUCCESSFULLY perform the duties of the
job. All persons competing for placement on any
one candidate list shall be administered the same
OR EQUIVALENT FORMS OF THE SAME examination or
examination phases, except as necessary to comply
with the federal Americans with Disabilities Act,
and be required to achieve passing scores on each
successive phase and for the examination as a
whole in order to remain in competition. The
provisions of this section shall be the sole
determinant for qualification and no other
examination [or device] shall be permitted by any
agency head to further qualify persons seeking
appointment except as authorized by the
commissioner.
Sec. 9. Subsection (b) of section 5-220 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(b) Notwithstanding any other provision of
this chapter to the contrary, the Commissioner of
Administrative Services may fully or partially
delegate to the heads of state agencies the
authority to administer [specified promotional
examinations] PROMOTIONAL PROGRAMS for positions
in state service subject to post audit by the
Department of Administrative Services. The
delegation plan shall be approved by said
commissioner, shall provide for consideration of
all eligible persons and shall include adequate
notice of the vacancy or vacancies to all
potentially eligible employees, the procedures for
application and methods to be used to [determine
the rating] EVALUATE THE QUALIFICATIONS of
eligible persons.
Sec. 10. Section 5-221a of the general
statutes is repealed and the following is
substituted in lieu thereof:
Within [seven] TEN days of the receipt by an
applicant for employment or an employee in the
classified service of a notice of rejection of his
application for admission to an examination held
for the purpose of establishing a candidate list
for any position in the classified service, such
applicant or employee may appeal such rejection IN
WRITING to the Commissioner of Administrative
Services, PROVIDING SUPPLEMENTARY INFORMATION ON
QUALIFICATIONS AS MAY BE NECESSARY, AND MAY
REQUEST A HEARING TO REVIEW SUCH REJECTION. The
commissioner shall appoint [a panel consisting of
one personnel officer from each of three state
agencies, each of which has more than one hundred
employees, which panel shall hear and decide upon
such applicant's or employee's appeal within sixty
days from the date such appeal was received by the
commissioner] AN INDEPENDENT HUMAN RESOURCE
PROFESSIONAL TO RENDER A FINAL DECISION ON THE
APPLICANT'S OR EMPLOYEE'S APPEAL WITHIN THIRTY
DAYS THEREAFTER.
Sec. 11. Section 5-225 of the general statutes
is repealed and the following is substituted in
lieu thereof:
All persons competing in any examination shall
be given written notice of their final earned
ratings and [, except in the case of an
examination administered in accordance with the
provisions of subsection (b) of section 5-216,
shall be given written notice of their relative
standing upon the eligible lists or of their
failure to attain the required minimum passing
score. The] THE MINIMUM EARNED RATING NECESSARY TO
PASS THE EXAMINATION. WITHIN THIRTY DAYS OF
RECEIPT OF THE FINAL EARNED RATING, A PERSON MAY
INSPECT HIS papers, markings, background profiles
and other items used in determining the final
earned ratings, other than examination questions
and other materials constituting the examination,
[shall be open to inspection by the person,]
subject to such regulations as may be issued by
the Commissioner of Administrative Services.
WITHIN THIRTY DAYS OF INSPECTING HIS PAPERS, A
PERSON MAY, IN WRITING, APPEAL TO THE COMMISSIONER
OF ADMINISTRATIVE SERVICES THE ACCURACY OF HIS
FINAL EARNED RATING, AS BASED ON THE ORIGINAL
EXAMINATION PAPER OR RESPONSES. THE COMMISSIONER
SHALL RENDER A FINAL DECISION ON THE PERSON'S
APPEAL WITHIN THIRTY DAYS THEREAFTER AND CORRECT
CANDIDATE LISTS AS APPROPRIATE.
Sec. 12. Section 5-227a of the general
statutes is repealed and the following is
substituted in lieu thereof:
[(a) Each promotion in the classified service
to the next higher level within a career series,
below the career progression level of lead, shall
be made by the reclassification of the position of
the employee being promoted,] WHENEVER AN
EMPLOYEE'S POSITION IN THE CLASSIFIED SERVICE IS
RECLASSIFIED, THE PROMOTION OF THE EMPLOYEE SHALL
BE MADE WITHOUT EXAMINATION provided: (1) The
employee meets the minimum qualifications
established by the Commissioner of Administrative
Services for the career progression level of the
reclassified position; [(2) the reclassification
is made to the next higher position within the
career progression level; (3)] (2) the employee
has maintained an adequate performance record and
has received a satisfactory appraisal on [the
employee's] HIS two most recent consecutive
performance evaluations; [(4)] (3) the employee
has worked at his existing level in his current
position for a minimum period of six months; and
[(5)] (4) the reclassified position is approved by
the commissioner OF ADMINISTRATIVE SERVICES. [The
titles of the higher classes in the career series
to which such promotions may be made shall be
shown on the affected class specification.
(b) No examination for any reclassified
position shall be required if the requirements of
subdivisions (1) to (5), inclusive, of subsection
(a) of this section are met. If the requirements
of subdivisions (1) to (5), inclusive, of
subsection (a) of this section cannot be met, a
vacant reclassified position shall be filled from
a candidate list.
(c) Each vacancy in any position in the
classified service in the career progression
levels of lead or above shall be filled from a
candidate list.]
Sec. 13. Section 5-228 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) When a vacancy in any permanent position
in the classified service is to be filled, the
appointing authority shall notify the Commissioner
of Administrative Services of such fact, stating
the title of the position to be filled. Vacancies
in such positions shall be filled, so far as
practicable and for the best interest of the
state, by reemployment, as provided in subsection
(b) of section 5-241, AS AMENDED BY SECTION 30 OF
THIS ACT, promotional appointments from within the
agency and service-wide promotional appointments
or transfers in accordance with regulations issued
by the commissioner. The appointing authority,
with the approval of the commissioner, shall
decide whether a vacancy shall be filled by
promotion from within the agency, from a
state-wide employment list, transfer or, if such
is not practicable, by original appointment.
(b) If a vacancy is to be filled by a
promotional appointment from within the agency,
the commissioner shall certify to the appointing
authority the names of all candidates from the
agency in accordance with the provisions of
section 5-215a, AS AMENDED BY SECTION 4 OF THIS
ACT.
(c) If a vacancy is to be filled by promotion
from a service-wide candidate list, the
commissioner shall certify to the appointing
authority the names of all candidates on that
candidate list in accordance with the provisions
of section 5-215a, AS AMENDED BY SECTION 4 OF THIS
ACT.
(d) If a vacancy is to be filled by an
original appointment, the commissioner shall
certify to the appointing authority the names of
all candidates on that candidate list in
accordance with the provisions of section 5-215a,
AS AMENDED BY SECTION 4 OF THIS ACT.
[(e) If the candidates eligible for
appointment in accordance with the provisions of
section 5-215a do not include protected class
members, the commissioner, upon written request
from the appointing authority, may approve the
selection of any protected class members on the
candidate list. Such request shall include
documentation that the agency (1) has established
a goal for the protected class in the occupational
category, position or position classification
containing such vacancy in its affirmative action
plan developed and filed pursuant to section
46a-68 and (2) is unable to meet its goal using
the names otherwise provided pursuant to said
subsections. A copy of such request shall be
furnished to the director of the Commission on
Human Rights and Opportunities, who may comment
thereon in writing to the Commissioner of
Administrative Services and the appointing
authority. For purposes of this subsection,
"protected class" means those classes of persons
specified in and protected by applicable state or
federal antidiscrimination laws, subject to the
limitations established in section 46a-61.]
[(f)] (e) Appointees to any position in the
classified service shall be required to serve the
working test period provided for in this chapter.
Any promotional appointee from within the agency
who is dismissed from the position to which he was
promoted during such working test period, or at
the conclusion thereof, shall be restored to a
position in the same class in which he had been
employed prior to his promotion. Any other
appointee who was employed in the classified
service prior to his appointment and who is
dismissed from the position to which he was
appointed during such working test period or at
the conclusion thereof, shall be restored to a
vacancy in the same class, or a vacancy in a
comparable class or a vacancy in any other
position the employee is qualified to fill, in the
agency in which he had been employed prior to his
appointment, or shall have his name placed on a
reemployment list. No appointing authority who has
removed such an employee as provided in this
section may exercise such right of removal again
with respect to any other employee in the same
position within three calendar months after such
original removal, except with the consent of the
commissioner. No provision of this section shall
be construed to prevent any employee in the
unclassified service from competing for positions
in the classified service if he possesses the
minimum qualifications established by the
commissioner, except that no such employee shall
be eligible to compete in a promotional
examination [except in accordance with the federal
merit system standards, if the agency is subject
to them or, in all other agencies, unless a
minimum of four qualified applicants file] UNLESS
HE HAS PREVIOUS PERMANENT STATUS IN CLASSIFIED
SERVICE. In the certification of names of persons
eligible for appointment, sex shall be disregarded
except when otherwise provided by statute or upon
request of the appointing authority subject to the
approval of the commissioner.
[(g) When a vacancy in a managerial position
is to be filled from a selection process for a
generic job class, the commissioner may certify
the highest two intervals, in accordance with the
provisions of section 5-215a, of a candidate list
which contains the names of candidates who passed
the applicable examination and whose background
profiles correspond with the requirements of the
vacancy. Requests for a candidate list by any
state agency must be accompanied by documentation
that specific knowledge, skills and abilities are
needed for reasons of business necessity and to
satisfy essential job requirements. Any person who
is ineligible for certification on the basis of a
background profile may request an appeal of such
eligibility pursuant to the provisions of section
5-225. For purposes of this subsection, "generic
job class" means a group of positions within a
class, as defined in subsection (d) of section
5-196, covering a diversity of occupationally
related assignments.]
Sec. 14. Section 5-234 of the general statutes
is repealed and the following is substituted in
lieu thereof:
[(a)] The Commissioner of Administrative
Services may provide by regulation for the
appointment, with or without examination, of
qualified persons in a class in which the
incumbent serves for not more than three years in
the class as part of an established training
program. Any person so appointed [from a candidate
list following competitive examination for the
class] TO A PROFESSIONAL OR PREPROFESSIONAL
TRAINING CLASS, may upon successful completion of
the required minimum working test period and
training program, be [reassigned without further
examination] RECLASSIFIED to a position in the
next higher level class for which the training
program is established. [, subject to successful
completion of a working test period.] The
provisions of this section shall not apply to
sections 5-224 and 7-415 concerning the veterans
preference.
[(b) The commissioner may provide for the
establishment of classes which are preprofessional
in nature and are designed as entry classes for
the disadvantaged. Appointment of qualified
applicants to positions in such classes may be
made on the basis of such form of evaluation as
the commissioner may require. Incumbents of such
positions shall receive appropriate on-the-job
training and shall serve in such positions or
class of positions for a period of not more than
two years, provided, upon recommendations of his
appointing authority, an incumbent who has so
served may be appointed for not more than one
additional year in such position or class of
positions.]
Sec. 15. Subsection (a) of section 5-235 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) When a candidate list provided under
section 5-215a, AS AMENDED BY SECTION 4 OF THIS
ACT, [contains three or fewer candidates] CONTAINS
FEWER THAN FIVE CANDIDATES, in order to facilitate
the carrying on of public business or avoid
inconvenience to the public, but not otherwise,
the Commissioner of Administrative Services may
authorize the filling of the position at once by
provisional appointment, pending the establishment
of a reemployment or candidate list. Any such
provisional appointment shall continue only until
a reemployment or candidate list for such position
is established and, in no case, for a period
exceeding a total of six months. No person shall
receive more than one provisional appointment or
serve more than six months as a provisional
appointee in any one fiscal year.
Sec. 16. Subsection (e) of section 5-248 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) [When any employee has resigned in good
standing with the consent of the appointing
authority under whose jurisdiction he was employed
and has withdrawn his resignation within one year,
the commissioner of administrative services shall
refer the name of such employee to the appointing
authority for possible reinstatement to positions
in classes in which he has attained permanent
status. Such employee may be reinstated at the
discretion of the appointing authority.] ANY
AGENCY MAY REINSTATE, WITHOUT EXAMINATION, ANY
EMPLOYEE WHO HAS RESIGNED IN GOOD STANDING AND HAS
WITHDRAWN HIS RESIGNATION WITHIN ONE YEAR TO
POSITIONS IN CLASSES IN WHICH HE HAS ATTAINED
PERMANENT STATUS. A classified employee with at
least five years of state service appointed to an
unclassified position may be granted a leave of
absence without pay from the classified service
for such length of time as he shall hold such
appointive position.
Sec. 17. Subsection (a) of section 5-247 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Each appointing authority shall grant, on
account of illness or injury, to each full-time
employee in a permanent position in the state
service who has furnished satisfactory proof of
such illness or injury, such sick leave with pay
as has accrued to his credit at the rate of one
and one-quarter working days for each completed
calendar month of continuous full-time service
which may be computed on an hourly basis. Hourly
computation of sick leave shall not diminish
benefit entitlement. On or before October 1, 1980,
the Commissioner of Administrative Services shall
adopt regulations, in accordance with chapter 54,
concerning the accrual, prorating and granting of
sick leave with pay to other employees in the
state service and extending sick leave with pay or
with part pay for longer periods to full-time
permanent employees disabled through illness or
injury. Each such employee who retires under the
provisions of chapter 66 shall be compensated,
effective as of the date of his retirement, at the
rate of one-fourth of such employee's salary for
sick leave accrued to his credit as of his last
day on the active payroll up to a maximum payment
equivalent to sixty [days or four hundred twenty
hours'] DAYS' pay. Such payment for accumulated
sick leave shall not be included in computing
retirement income and shall be charged by the
State Comptroller to the department, agency or
institution in which the employee worked.
Sec. 18. Section 5-247a of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any state employee who opted for membership in
the teachers' retirement system pursuant to
chapter 167a and who retires under the provisions
of said chapter shall be compensated, effective as
of the date of his date of retirement, at the rate
of one-fourth of such employee's salary for sick
leave accrued to his credit as of his last day on
the active payroll, up to a maximum payment
equivalent to sixty [days or four hundred twenty
hours'] DAYS' pay. Such payment for accumulated
sick leave shall not be included in computing
retirement income and shall be charged by the
State Comptroller to the department, agency or
institution in which the employee worked.
Sec. 19. Subsection (a) of section 5-250 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Each appointing authority shall grant to
each full-time employee in a permanent position in
the state service, who has worked at least one
full calendar year, an annual vacation with pay of
twenty-one consecutive calendar days or its
equivalent. Each such employee who has completed
twenty years of service shall be entitled to one
day [or seven additional working hours] for each
additional year up to twenty-five years of
service, and each such employee with twenty-five
or more years of service shall be entitled to not
more than twenty days [or one hundred forty hours]
vacation, subject to regulations issued by the
Commissioner of Administrative Services. The
Commissioner of Administrative Services may adopt
regulations, in accordance with the provisions of
chapter 54, concerning the accrual, prorating and
granting of vacation leave with pay as required.
Computation of such vacation leave may be made on
an hourly basis. Hourly computation of vacation
leave shall not diminish benefit entitlement.
Sec. 20. (NEW) The Commissioner of
Administrative Services may develop and implement
guidelines, in cooperation with interested
employee organizations, as defined in subsection
(d) of section 5-270 of the general statutes,
authorizing telecommuting and work-at-home
programs for state employees where such
arrangements are determined to be cost effective.
Sec. 21. (NEW) Any employee of a state agency
may be authorized to participate in a
telecommuting or work-at-home assignment with the
approval of his appointing authority and with the
approval of the Commissioner of Administrative
Services. Approval of such assignment may be
granted only where it is determined to be cost
effective. Any assignment shall be on a temporary
basis only, for a period not to exceed six months
and may be extended as necessary.
Sec. 22. (NEW) The Commissioner of
Administrative Services shall report annually to
the joint standing committee of the General
Assembly having cognizance of matters relating to
labor and public employees as to the extent of use
by employees as provided pursuant to sections 20
and 21 of this act.
Sec. 23. Section 5-180 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The war service before September 1, 1939,
of a veteran, as defined in section 27-103, AS
AMENDED, and [subsection (bb)] SUBDIVISION (29) of
section 5-196, AS AMENDED BY SECTION 1 OF THIS
ACT, shall be counted as state service if the
member began to make his retirement contributions
before September 1, 1941, and made retirement
contributions on all salary received by him from
September 1, 1939, until his retirement date.
(b) The war service before September 1, 1939,
of a veteran who became a member after September
1, 1939, and the war service or military service
during a national emergency declared by the
President of the United States on and after
September 1, 1939, of a veteran who became a
member at any time, shall be counted as state
service if the member makes retirement
contributions for each month of war service as
defined by section 27-103, AS AMENDED, and
[subsection (bb)] SUBDIVISION (29) of section
5-196, AS AMENDED BY SECTION 1 OF THIS ACT, or for
each month of such service during a national
emergency, as the case may be. Any veteran who
becomes a member on or after July 1, 1975, shall
not receive credit for such war or military
service if such member has received or is entitled
to receive any retirement allowance for the same
years of such service from the federal government.
Any veteran who is a member and who has not made
application for such credit prior to July 1, 1975,
shall not receive credit for such service if such
member has received or is entitled to receive any
retirement allowance for the same years of such
service from the federal government unless such
member makes application for such credit to the
Retirement Commission on or before October 1,
1975, and makes retirement contributions for each
month of such service in accordance with the
provisions of this subsection. The comptroller of
the state may notify each employee of this
provision on or before September 1, 1975. Such
contributions shall equal one-twelfth of four per
cent of his first year's salary as a state
employee multiplied by the total number of months
of such war service or national emergency service
and, if such employee became a member after April
1, 1958, shall be accompanied by interest at four
per cent per year from the time such war service
was rendered or from September 1, 1939, whichever
is later, until the date of payment or January 1,
1962, whichever is earlier. Such contributions may
be paid by payroll deductions as determined by the
Retirement Commission over a period not to exceed
thirty-six months, interest thereon to be paid not
later than the last day of the month following the
payment of the last of such deductions. Service
credit for retirement purposes shall not be
granted unless payment of contributions and
interest is completed. No credit shall be given
hereunder for military service during a national
emergency to any state employee who has served
less than ten years as a permanent full-time state
employee, nor for any such military service beyond
a total period of his compulsory service, if any,
plus three years.
(c) A member who leaves state service for the
sole purpose of entering the armed forces of the
United States may make his retirement
contributions while in the armed forces in the
monthly amount he was making immediately before he
left state service. Such contributions shall be
deducted from any salary payable to the member
during his absence. Alternately, if no salary was
payable to him, he may make such contributions
after his return to state service, with interest
thereon at five per cent per year from a date six
months after he left the armed forces, provided he
shall make application for return to state service
within ninety days after he has received a
certificate for satisfactory service from the
armed forces. No contributions may be made,
however, at any time for service in the armed
forces beyond a total period of his compulsory
service therein, if any, plus three years.
Sec. 24. Subsection (a) of section 5-248a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Each permanent employee, as defined in
[subsection (s)] SUBDIVISION (21) of section
5-196, AS AMENDED BY SECTION 1 OF THIS ACT, shall
be entitled to the following: (1) A maximum of
twenty-four weeks of family leave of absence
within any two-year period upon the birth or
adoption of a child of such employee, or upon the
serious illness of a child, spouse or parent of
such employee; and (2) a maximum of twenty-four
weeks of medical leave of absence within any
two-year period upon the serious illness of such
employee. Any such leave of absence shall be
without pay. Upon the expiration of any such leave
of absence, the employee shall be entitled (A) to
return to the employee's original job from which
the leave of absence was provided or, if not
available, to an equivalent position with
equivalent pay, except that in the case of a
medical leave, if the employee is medically unable
to perform the employee's original job upon the
expiration of such leave, the Personnel Division
of the Department of Administrative Services shall
endeavor to find other suitable work for such
employee in state service, and (B) to all
accumulated seniority, retirement, fringe benefit
and other service credits the employee had at the
commencement of such leave. Such service credits
shall not accrue during the period of the leave of
absence.
Sec. 25. Subsection (d) of section 5-257 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) The insurance of any employee insured
under this section shall cease on termination of
employment, and of any member of the General
Assembly at the end of his term of office, subject
to any conversion privilege provided in the group
life insurance policy or policies. Notwithstanding
anything to the contrary in this section, the
amounts of life insurance of insured employees
retired in accordance with any retirement plan for
state employees shall be as follows: The amount of
life insurance of an insured employee retired on
or before December 31, 1954, shall be five hundred
dollars, the amount of life insurance on an
insured employee retired on or after January 1,
1955, but before July 1, 1957, shall be one-half
of the amount for which the employee was insured
immediately before retirement or two thousand
dollars, whichever is less, and the amount of life
insurance of an insured employee retired on or
after July 1, 1957, but before July 5, 1963, shall
be one-half of the amount for which the employee
was insured immediately before retirement,
provided in no case shall such amount be less than
two thousand dollars nor more than three thousand
dollars; the amount of life insurance of an
insured employee who was retired on or after July
5, 1963, but before July 1, 1967, shall be
one-half of the amount of life insurance for which
the employee was insured immediately before
retirement, provided in no case shall such amount
be less than three thousand dollars nor more than
five thousand dollars; and the amount of life
insurance of an insured employee who is retired on
or after July 1, 1967, shall be one-half of the
amount of life insurance for which the employee
was insured immediately before retirement,
provided in no case shall such amount be less than
five thousand dollars nor more than seven thousand
five hundred dollars; and the amount of life
insurance of an insured employee who is retired on
or after July 1, 1969, with twenty-five or more
years of state service, as defined in [subsection
(x)] SUBDIVISION (25) of section 5-196, AS AMENDED
BY SECTION 1 OF THIS ACT, or a member of the
general assembly who is retired on or after July
1, 1988, with twenty-five or more years of
service, shall be one-half of the amount of life
insurance for which the employee was insured
immediately before retirement, provided in no case
shall the amount be less than seven thousand five
hundred dollars, those with less than twenty-five
years of service shall receive the proportionate
amount that such years of service is to
twenty-five years rounded off to the nearest
hundred dollars of coverage, except that the
amount of life insurance of an insured employee
who is retired on or after July 1, 1982, under the
provisions of section 5-173, AS AMENDED, shall be
one-half of the amount of life insurance for which
the employee was insured immediately before
retirement, regardless of the number of years of
service by such employee. In no case shall a
retired employee be required to contribute to the
cost of any such reduced insurance. For the
purposes of this section, no employee shall be
deemed to be retired so long as his employment
continues under subsections (b) and (e) of section
5-164.
Sec. 26. Subsection (a) of section 45a-54 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Any judge or employee who is not yet
receiving a retirement allowance may apply to the
Retirement Commission for credit for service as a
member of the General Assembly and for military
service, consisting of war service, as defined in
section 27-103, AS AMENDED, and [subsection (bb)]
SUBDIVISION (29) of section 5-196, AS AMENDED BY
SECTION 1 OF THIS ACT, and national emergency
service as defined by law, provided credit for
such military and General Assembly service shall
not exceed three years in the aggregate. Any such
application for credit for service as a member of
the General Assembly must be filed within one year
of the date upon which the judge or employee first
becomes a member or within one year of October 1,
1986, whichever is later. Any such application for
credit for military service must be filed within
one year of the date upon which the judge or
employee first becomes a member or within one year
of October 1, 1994, whichever is later.
Sec. 27. Section 4-61t of the general statutes
is repealed and the following is substituted in
lieu thereof:
There shall be established a Committee on
[Upward] CAREER Mobility, appointed by the
Commissioner of Administrative Services and
chaired by the Commissioner of Administrative
Services or his designee, which shall include a
representative of the Office of Policy and
Management, a representative of the Department of
Administrative Services who is involved in
classification activity, a representative of the
Commission on Human Rights and Opportunities, a
representative of the Permanent Commission on the
Status of Women, and [nine] TEN additional
persons, two of whom shall be state agency
personnel administrators, [three] FOUR of whom
shall be labor representatives and four of whom
shall be employed in state service and familiar
with the problems of [upward] CAREER mobility and
affirmative action and the implementation of
corrective programs. The committee shall determine
how career counseling can be best provided and
training opportunities best met and made available
within the funds allotted. THE COMMITTEE SHALL
ALSO DEVELOP MECHANISMS TO COMMUNICATE INFORMATION
ABOUT STATE EMPLOYMENT OPPORTUNITIES TO STATE
EMPLOYEES. The committee shall advise the
Commissioner of Administrative Services concerning
broader usage of classification titles affecting
upward mobility and an effective procedure for
reporting compliance to the legislature. The
committee shall prepare written guidelines for
implementation of the [upward] CAREER mobility
program described in sections 4-61u, AS AMENDED BY
SECTION 28 OF THIS ACT, and 4-61w, AS AMENDED BY
SECTION 29 OF THIS ACT, and this section. The
committee shall meet at least once each quarter
and shall submit periodic reports to the
Commissioner of Administrative Services.
Sec. 28. Section 4-61u of the general statutes
is repealed and the following is substituted in
lieu thereof:
Under the supervision of the Commissioner of
Administrative Services, all departments and
agencies of state government shall establish an
effective program of [upward] CAREER mobility as
part of their affirmative action program, as
required by section 46a-68, AS AMENDED, for
occupational groups, which shall include, but not
be limited to, secretarial, clerical, supervisory
clerical, semiskilled, crafts and trades,
supervisory crafts and trades, custodial,
supervisory custodial and laborers. All
departments and agencies of state government shall
provide or make provision for, career counseling
for such occupational groups. All departments and
agencies shall make available to state employees a
range of training opportunities. In geographically
remote areas, as defined by the committee, where
programs are not generally available, departments
and agencies shall enter into cooperative
arrangements or take other appropriate actions to
assure that training opportunities are provided to
employees in those areas. All departments and
agencies shall, consistent with the requirements
of the State Personnel Act, initiate
classification requests that would result in the
development of career ladders and lattices
providing [upward] CAREER mobility within AND
BETWEEN occupational groupings, and from
subprofessional jobs to professional and
managerial jobs. All departments and agencies of
state government shall establish as part of their
affirmative action plans, specific annual goals
and timetables on the number of classes in entry
level professional, managerial and administrative
positions, which shall include, but are not
limited to, law enforcement, field representation,
administrative staff, professional,
subprofessional or technical jobs that are to be
filled through [upward] CAREER mobility.
Sec. 29. Section 4-61w of the general statutes
is repealed and the following is substituted in
lieu thereof:
In implementing the provisions of sections
4-61t, AS AMENDED BY SECTION 27 OF THIS ACT, and
4-61u, AS AMENDED BY SECTION 28 OF THIS ACT, and
this section, each department or agency shall
insure that the ethnic and sex composition of
employees participating in the [upward] CAREER
mobility program shall be consistent with the
regulations for affirmative action of the
Commission on Human Rights and Opportunities.
Sec. 30. Subsection (b) of section 5-241 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) An appointing authority desiring to lay
off an employee shall give him not less than two
weeks' notice in writing, stating the reason for
such action, except that in the case of an
employee, as defined in section 5-196, AS AMENDED
BY SECTION 1 OF THIS ACT, who is not covered by a
collective bargaining agreement and who has been
in the classified service for (1) at least five
but not more than ten years, the appointing
authority shall provide at least four weeks'
notice, (2) more than ten but not more than
fifteen years, the appointing authority shall
provide at least six weeks' notice, (3) more than
fifteen years, the appointing authority shall
provide at least eight weeks' notice. A copy of
such notice shall immediately be forwarded to the
Commissioner of Administrative Services. The
commissioner shall arrange to have the employee
transferred to a vacancy in the same or a
comparable class or in any other position the
employee is qualified to fill in any department,
agency or institution. If there is no vacancy
available or the employee refuses to accept the
transfer, the commissioner shall cause the name of
such employee to be placed on the reemployment
list for the appropriate class for which he has
attained permanent status, or has the ability to
qualify, as determined by the commissioner. During
the period he is entitled to remain on the
reemployment list, such an employee shall be
rehired in the classification from which he was
laid off or for which he is qualified, as
vacancies occur, in the reverse order of layoff.
ANY EMPLOYEE WHO IS REHIRED FROM A REEMPLOYMENT
LIST SHALL NOT BE REQUIRED TO COMPLETE A NEW
WORKING TEST PERIOD, AS DEFINED IN SUBDIVISION (1)
OF SECTION 5-196, AS AMENDED BY SECTION 1 OF THIS
ACT.
Sec. 31. (NEW) Notwithstanding the provisions
of subsection (d) of section 5-272 of the general
statutes, the employer, as defined in subsection
(a) of section 5-270 of the general statutes, and
an employee organization, as defined in subsection
(d) of said section 5-270, as the exclusive
representative of employees in an appropriate
unit, may engage in a pilot program to discuss the
state classifications and examination system.
Neither party may negotiate pursuant to the
provisions of section 5-276a of the general
statutes, as amended. Any agreement reached by the
parties shall be reduced to writing and submitted
to the General Assembly pursuant to the provisions
of subsection (b) of section 5-278 of the general
statutes.
Sec. 32. Section 5-248 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) An appointing authority may, with the
approval of the Commissioner of Administrative
Services, grant a leave of absence with full pay,
part pay or without pay, subject to the
regulations issued by the Commissioner of
Administrative Services, to any employee in the
classified service, for a period not exceeding one
year. Such leave may be extended beyond one year
by an appointing authority, provided such action
shall be approved by the Commissioner of
Administrative Services. In the granting of a
leave of absence without pay, the appointing
authority shall notify the employee and the
Commissioner of Administrative Services whether
the position will be held awaiting the employee's
return or whether reinstatement will be dependent
upon whether or not a suitable vacancy is
available. A leave of absence with full or part
pay may be granted only for educational purposes
in order to enable an employee to study or receive
technical training which will increase his
proficiency in his position or for such other
purpose as may be specified by the Commissioner of
Administrative Services to be in the best
interests of the state.
(b) Any employee who shall enter the armed
forces as specified in section 5-255 shall be
entitled to a leave of absence without pay for the
time served in such service, plus ninety
additional days.
(c) Any full-time permanent employee in the
state service who is a member of the armed forces
of the state or of any reserve component of the
armed forces of the United States and is required
to undergo field training therein shall, for the
period not exceeding three calendar weeks of such
field training, be entitled to a leave of absence
with pay, in addition to his annual vacation.
Nothing in this section shall be construed to
prevent any such employee from attending ordered
annual field training while on regularly scheduled
vacation if he so desires.
(d) ANY FULL-TIME PERMANENT EMPLOYEE IN THE
STATE SERVICE WHO QUALIFIES TO BE A MEMBER OF A
TEAM RECOGNIZED BY THE UNITED STATES OLYMPIC
COMMITTEE SHALL, UPON WRITTEN APPLICATION AND WITH
THE APPROVAL OF HIS APPOINTING AUTHORITY, BE
ENTITLED TO A LEAVE OF ABSENCE WITH PAY AND WITH
HIS POSITION HELD, FOR A PERIOD NOT EXCEEDING
NINETY DAYS AFTER SO QUALIFYING IN ORDER TO
COMPETE IN OLYMPIC GAMES SPONSORED BY THE
INTERNATIONAL OLYMPIC COMMITTEE.
[(d)] (e) When any employee has been on
authorized leave of absence without his position
being held and is ready to report for duty when a
position is available, the Commissioner of
Administrative Services shall refer the name of
the employee to an appointing authority for
possible reinstatement to a position in a class in
which the employee has attained permanent status.
The employee may be reinstated at the discretion
of the appointing authority, provided no other
employee has rights to the position pursuant to
subsection (b) of section 5-241.
[(e)] (f) When any employee has resigned in
good standing with the consent of the appointing
authority under whose jurisdiction he was employed
and has withdrawn his resignation within one year,
the commissioner of administrative services shall
refer the name of such employee to the appointing
authority for possible reinstatement to positions
in classes in which he has attained permanent
status. Such employee may be reinstated at the
discretion of the appointing authority. A
classified employee with at least five years of
state service appointed to an unclassified
position may be granted a leave of absence without
pay from the classified service for such length of
time as he shall hold such appointive position.
Sec. 33. Sections 4a-3 and 5-199 of the
general statutes are repealed.
Sec. 34. This act shall take effect from its
passage, except that sections 1 to 31, inclusive,
and section 33 shall take effect July 1, 1996.
Approved June 4, 1996